Research On Legal Protection Of Cultural Rights Of Citizens In China

Cultural rights refer to the rights that citizens and social groups could participate in cultural activities in society,enjoy cultural achievements and spiritual and material interests which created by their own culture.At the constitutional level,the issue of cultural rights focuses on the relationship of the rights and obligations between the people and the state,as well as on people how to shape their pattern of life based on the constitution.The two aspects of current constitution include that the citizens enjoy a specific cultural rights and the state should take measures to protect the cultural rights of citizens,which reflects the importance of cultural rights in china.In 2016,China promulgated the first culture legislation,Guarantee Law for Public Cultural Service"which led by the National People's Congress.This law protects the cultural rights of citizens to a certain extent,but still exists some problems,for instance,delay of legislation,low efficacy,incomplete legislative guarantee system,legislative gaps,and imperfect cultural rights guarantee system.There are several successful experience in the protection of cultural rights at abroad.In Japan,the basic culture law,as the supreme guiding principle of the legislation,implementation and evaluation of Japanese culture law,specifies the relevant Constitutional provisions of the cultural rights and plays a"cultural constitution" role.In France,the sound cultural legal system and its timely amendment enable all their citizens to have equal access to enjoy cultural life.In Finland,different culture areas have different legislation modes,which not only adapts to the different needs of cultural development and cultural protection,but also accurately and comprehensively protects the cultural rights of citizens.All of these have far-reaching implications for the formation,operation and stability of China's cultural legal system.We should actively learn from excellent experience,and this study points out that the main measures to improve our civic culture rights are as follows:Firstly,we should improve the quality of cultural legislative personnel,improve legislative system of cultural rights protection in our country so as to change the situation of imperfection of cultural legislation system.In addition,we should establish the cultural basic law and systematical legislative structure of cultural rights;The basic content of cultural legislation should be improved,and the legislation blank of cultural rights should be made up,for promoting the judicial relief of cultural rights and fully protecting the cultural rights of citizens;Finally,we should perfect core systems of citizens' cultural rights guarantee.